TOUR OPERATOR AGREEMENT - DO NOT EDIT OR DELETE


This Tour Operator Agreement (“Agreement”) is entered into by and between:

Xplore Belize Elite LTD, a Belize company doing business as XploreBelize.com (“Company”), and
, signing on behalf of , a tour operator authorized to operate under the laws of Belize (“Tour Operator”).

1. Purpose and Scope

The Company operates an online booking platform at XploreBelize.com that promotes tours and activities in Belize. The Company agrees to market and facilitate customer bookings for the Tour Operator’s services via its website and associated channels. The Tour Operator agrees to have its services listed and booked under the terms of this Agreement.

2. Deposit, Commission and Booking Terms

  1. The Company will collect a deposit from the customer at the time of booking, which serves as the platform’s commission. This deposit may be a flat fee or a percentage of the total booking price, as determined by trip type and promotional strategy. The standard commission rate is nine percent (9%) of the total trip price, unless otherwise agreed upon in writing and attached as an addendum to this agreement.

    The deposit is considered non-refundable, except in specific circumstances to be determined solely by the Company (e.g., force majeure events or customer cancellations). The deposit is retained by the Company as its commission and shall not be owed or refunded to the Tour Operator.

    The deposit amount may vary but will always fall within the following limits:

    • Minimum Deposit / Commission: $35.00 USD per booking

    • Maximum Deposit / Commission: 30% of the total trip price

    The Tour Operator is responsible for collecting the remaining balance directly from the customer at the time of the tour, using their own preferred method of payment.

3. Tour Operator Requirements

By entering into this Agreement, the Tour Operator certifies that:

  • It holds a valid and active Tour Operator License issued by the Belize Tourism Board.

  • Any captains or guides operating under the Tour Operator’s services hold all legally required licenses and certifications.

  • The Operator will notify the Company immediately of any changes to its legal status or licensure.

4. Platform Exclusivity & Non-Circumvention

Tour Operator agrees that all customer communication, inquiries, and bookings initiated through the XploreBelize.com platform must remain within the platform until a booking is confirmed. Tour Operator shall not:

  • Provide or publish contact details (phone number, email address, social media, website, or QR code) in any listing, including within descriptions, images, or uploaded content;

  • Include any watermark, logo, or embedded text within images or videos that could identify or direct users to the Tour Operator outside the platform;

  • Encourage or request that customers contact or book services directly, bypassing the platform; or

  • Complete, negotiate, or confirm any booking or payment outside the platform for customers who initially inquired or discovered the service via XploreBelize.com.

Any violation of this provision will be considered a material breach of this Agreement and may result in immediate removal from the platform and pursuit of applicable legal remedies.

4A. Credential Verification and Document Submission

As a condition of participation on the XploreBelize.com platform, the Tour Operator agrees to upload the following required documents through a separate form located at xplorebelize.com/tour-operator-credentials/, which will also be provided by email. These uploads are to be completed in connection with, but separate from, the execution of this Agreement.

  1. A full copy of the Business or Company Certificate of Registration, including either a short extract about the business or a detailed extract issued by the Company Registry;

  2. A valid and active Tour Operator License issued by the Belize Tourism Board (BTB);

  3. Current and comprehensive Insurance Coverage, including:

    • General liability insurance for tours;

    • Equipment insurance; and

    • Passenger liability insurance;

  4. A valid Tour Guide License for each guide associated with the operator.

The Company reserves the right to review, verify, and reject any documentation that appears incomplete, expired, falsified, or inconsistent with Belize’s regulatory requirements. Failure to submit complete and valid documents may delay onboarding or result in removal from the platform.

5. Customer Service and Disputes

The Company will assist in resolving customer service issues and disputes through an internal ticketing system. The Tour Operator agrees to cooperate with the Company in good faith to resolve any issues related to bookings made via the platform.

6. Term and Termination

This Agreement will remain in effect on a continuous basis unless terminated by either party with ninety (90) days’ prior written notice.

The Company reserves the right to remove a Tour Operator from its platform immediately for non-compliance with the terms of this Agreement or applicable law.

7. No Partnership or Agency

This Agreement does not create any agency, partnership, joint venture, employment, or franchise relationship between the parties. The Tour Operator is an independent business and is not authorized to bind or represent the Company in any way. All services provided by the Tour Operator are offered independently and not under the control or supervision of the Company.

8. Intellectual Property

The Tour Operator grants the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, and display any images, videos, logos, written content, or other media (“Content”) submitted by the Tour Operator for listing or promotional use on XploreBelize.com and its affiliated marketing channels.

The Tour Operator represents and warrants that all Content submitted is either:

  • owned by the Tour Operator; or

  • properly licensed for commercial use, with full rights to grant the Company use under this Agreement.

The use of copyrighted or trademarked materials owned by third parties — including stock images, brand assets, or promotional materials from other operators or entities — is strictly prohibited unless the Tour Operator has obtained prior written authorization and can provide such documentation upon request.

The Company may, at its sole discretion, remove any content that it believes infringes on intellectual property rights or violates this provision.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Belize. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Belize.

10. Confidentiality

The Tour Operator agrees to maintain strict confidentiality regarding all aspects of this Agreement, including but not limited to commission rates, booking processes, platform policies, and business practices of the Company.

The Tour Operator shall not, directly or indirectly, disclose, discuss, or make available any part of this Agreement to any third party — including other tour operators, competitors, vendors, or industry contacts — without the Company’s prior written consent.

Disclosure is only permitted to the Tour Operator’s legal or financial advisors, and only where those advisors are under a professional obligation to keep such information confidential. This obligation continues beyond the termination of this Agreement.

Any unauthorized disclosure will be considered a material breach and may result in immediate removal from the platform and legal action.

11. Limitation of Liability and Indemnity

The Tour Operator acknowledges and agrees that the Company operates solely as a booking and marketing platform and is not responsible for the actual operation, safety, legality, licensing, or quality of any tour or service provided by the Tour Operator.

The Tour Operator assumes full responsibility for complying with all applicable laws, permits, licenses, and insurance requirements. The Company shall not be liable for any claims, losses, damages, penalties, or liabilities arising from or related to:

  • the Tour Operator’s services or conduct;

  • the Tour Operator’s failure to maintain required permits, licenses, or legal status;

  • any personal injury, property damage, or other incident occurring during or in connection with a tour; or

  • the Tour Operator’s negligence, gross negligence, or willful misconduct.

The foregoing limitation does not apply to the Company’s own gross negligence or willful misconduct.

The Tour Operator agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, and employees from any and all claims, damages, costs, or liabilities resulting from the Tour Operator’s actions, omissions, negligence, gross negligence, or breach of this Agreement.

12. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to reflect the original intent of the parties and to make it valid and enforceable. The remainder of the Agreement shall remain in full force and effect.

13. No Warranties

Except as expressly stated in this Agreement, the Company makes no representations or warranties, express or implied, regarding the platform, its availability, functionality, or performance. The platform is provided “as is” and “as available,” without warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company does not guarantee uninterrupted or error-free operation of the platform, or that it will generate a certain volume of bookings or revenue for the Tour Operator.

14. Certification of Documentation

By signing this Agreement and submitting the required credentials, the Tour Operator certifies that all uploaded documents are accurate, complete, and valid as of the date of submission. The Tour Operator acknowledges that submitting false, expired, or misleading documentation may result in immediate removal from the platform and potential legal consequences.

15. Authority to Execute

Each party represents and warrants that the individual signing this Agreement on its behalf has full legal authority to bind that party to the terms and conditions set forth herein.

IN WITNESS WHEREOF, the parties agree to the above terms, effective upon the Tour Operator’s acceptance and participation in XploreBelize.com services.

For Tour Operator:                                                                        For Xplore Belize Elite LTD:

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Document name: TOUR OPERATOR AGREEMENT - DO NOT EDIT OR DELETE
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May 25, 2025 1:38 pm CSTTOUR OPERATOR AGREEMENT - DO NOT EDIT OR DELETE Uploaded by Scott Kappler, CEO - legal@xplorebelize.com IP 179.42.210.52
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